The National Assembly
In this parliamentary monarchy the Constitution gave the National Assembly important
legislative power. Elected for five years, it can be dissolved only under very specific
circumstances (article 78): if, on two occasions in twelve months, the government has been
in a minority. Then upon the agreement of the Chairman of the National Assembly the Prime
Minister(s) and the King are required to dissolve it. This is a mechanism which, while
greatly limiting the right of dissolution, nevertheless helps to avoid paralysis in the
event of a prolonged political crisis. Another sign of the. importance of the
parliamentary institution, the Chairman of the National Assembly is one of the most
important figures in the Kingdom. A member of the Council of the Throne, his agreement is
required in the event of possible dissolution and for the appointment of, the Prime
Minister. Another classical function of the parliament to control the government is
provided for in the Constitution (article 96) by means of written questions or
questioning.
The National Assembly consists of at least 120 members. National Assembly members shall be
elected by universal election, through a free, equal, direct and secret ballot. National
Assembly members may stand for re-election. Candidates must be Khmer citizens of both
sexes, aged at least 25 years old, and who have the right to vote. In the case of war or
other specific circumstances where an election cannot be held, the National Assembly may
extend its term for one year at a time, at the request of the-King. Extension shall
require a two-thirds vote of the entire National Assembly.
National Assembly members shall have parliamentary privilege. The can not be arrested,
intercepted or detained because of ideas expressed in carrying out their jobs. The arrest,
interception or detention of a National Assembly member can be done only with the
agreement of the National Assembly or its permanent committee between sessions except in
cases of criminal offenses.
The National Assembly have an independent budget. The National Assembly members receive a
parliamentary salary. Before starting its function, the National Assembly must decide the
validity of each member's mandate. the National Assembly must hold a separate election to
select the Chairman, Vice Chairmen and all members of the National Assembly committees.
This election must be decided by two third majority vote of all members of the National
Assembly. A two thirds majority vote is required for adoption of the internal regulations
of the National Assembly. All members must take an oath of allegiance before holding their
position or function.
The ordinary session of the National Assembly is held twice per year, Each session lasts
at least three months. If there is a proposal from the King, Prime Minister or one-third
of the National Assembly members, the permanent committee of the National Assembly can
call an extraordinary session. Between sessions, the permanent committee shall manage the
work of the assembly . The National Assembly's permanent committee consists of the
President of the National Assembly, both Vice-Chairmen of the National Assembly and the
heads of all National Assembly committees.
If the country is in a state of emergency, the National Assembly must meet every day- The
National Assembly has the right to terminate the state of emergency if the situation
permits. If the National Assembly cannot meet because of circumstances such as the
occupation by foreign forces or other circumstances the declaration of the state of
emergency must be automatically extended. During the state of emergency the National
Assembly must not be dissolved.
The National Assembly session is held in public. The National Assembly can meet in closed
session at the request of the Chairman of the National Assembly or at least one tenth of
the National Assembly members, or the King or the Prime Minister. The quorum of the
National Assembly- is seven-tenths of all members. Upon the proposal of at least
one.-tenth of its members, the National Assembly may invite a high dignitary to clarify or
discuss important issues. The National Assembly is the only organ to adopt laws. This
right is not transferable to any other organ.
The National Assembly approves the national budget; the state planning, the permission of
the State to borrow and to lend, and the creation, changes or annulment of tax. The
National assembly approves or annuls treaties or international convention, and may declare
a state of war. The adoption of the above mentioned laws must be decided by a simple
majority of all members. The National Assembly may pass a vote of confidence or
no-confidence in the Royal Government by a two-thirds majority of all members.
National Assembly members or the Prime Minister shall have the right to propose laws. But
these proposals are unacceptable if they aim to reduce public assets or to increase the
burden on citizens. Laws adopted by the National Assembly which run counter to the
principles of national sovereignty and affect the political unity or the administrative
management of the nation is annulled. The Constitutional Council is the only organ which
can approve this annulment. Laws approved by the National Assembly and signed by the Head
of State is effective in Phnom Penh within ten days after signing and within twenty days
throughout the country. Urgent laws shall become effective immediately after the signature
by the King. National Assembly members have the right to submit written questions to the
Royal Government through the Chairman of the National Assembly. Replies can come from one
or more ministries according to the issue raised, if the issue raised concerns general
policies within the Royal Government. The Prime Minister ca n reply verbally or in
writing. All replies must be given within seven days after receipt of the question. The
Chairman of the National Assembly can decide whether the Assembly discusses the issue in
open debate. If there is no discussion, the matter is settled. If there is open
discussion, the questioner, Minister or Prime Minister may discuss their views within the
time of one meeting. The National Assembly sets aside one day a week for responses to
questions. However, the session for answering questions shall not lead to a vote.
National Assembly committees can invite ministers to give explanations on their field of
responsibility. The National Assembly can dismiss a minister or members of the cabinet or
government from his/her position by a vote of two-thirds of the National Assembly members.
A vote of no-confidence can be put to the National Assembly by thirty members of the full
assembly to decide.
THE CONSTITUTIONAL COUNCIL
The constitutional Council consists of 9 members, 3 of which are appointed by the King,
the National Assembly and the Supreme Council of the Magistracy respectively It judges,
without appeal, the constitutionality of the laws. It deliberates with authority on the
Internal Regulations of the National Assembly and the organic laws. It is requested to
examine a text either by the King, the Prime Minister, the President of the Assembly or by
1/10th of the deputies.
THE JUDICIARY
Asserted through UNTAC impetus and confirmed by the Constitution, the power of the courts
is one of independence. The courts maintain impartiality and protect the rights and
freedoms for the people. The courts cover all cases, including administrative ones. The
power of the courts is given to the Supreme Court and other courts of all levels. The
Cambodian judicial system is built on provincial and municipal 21 tribunals, a Court of
Appeals and a Supreme Court. Being the legacy of the former State of Cambodia, this
judicial system lives on and will be the basis of future Cambodian judicial system.
Cambodian magistrates and court clerks are few in number, approximately 80 and 200
respectively.
THE POLITICAL SYSTEM
Five articles describe the characteristics of the system installed: a "pluralist
liberal democracy". All the powers belong to the people who can exercise their power
through the National Assembly, the Royal Government, and the courts. There are provisions
relating to the neutrality of the country which exclude any adherence of Cambodia to any
alliance or any regional organization which has a military purpose. However, Cambodia
keeps its right to receive foreign aid as military materials, weapons, ammunitions,
military training and other assistance for its self-defense, its public order and security
throughout the country.